S793-2011 Actions

• Mar 13, 2012: referred to agriculture
• Mar 13, 2012: DELIVERED TO ASSEMBLY
• Mar 13, 2012: PASSED SENATE
• Mar 12, 2012: ADVANCED TO THIRD READING
• Mar 7, 2012: 2ND REPORT CAL.
• Mar 6, 2012: 1ST REPORT CAL.288
• Feb 29, 2012: PRINT NUMBER 793A
• Feb 29, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 23, 2011: referred to agriculture
• Mar 23, 2011: DELIVERED TO ASSEMBLY
• Mar 23, 2011: PASSED SENATE
• Mar 14, 2011: ADVANCED TO THIRD READING
• Mar 10, 2011: 2ND REPORT CAL.
• Mar 9, 2011: 1ST REPORT CAL.197
• Jan 5, 2011: REFERRED TO AGRICULTURE

S793-2011 Meetings

S793-2011 Calendars

S793-2011 Votes

S793-2011 Memo

BILL NUMBER:S793

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to retail farm
operations

PURPOSE:
Enhance farmers' ability to market their farm, food, and other products
directly to consumers through encouraging the development of retail farm
operations such as roadside stands and on-farm markets.

SUMMARY OF PROVISIONS:
Sections 301 and 308 of the Agriculture and Markets Law is amended to
allow for recognition of retail farm operations as a farm operation.

JUSTIFICATION:
As the prices New York farmers receive for the products they produce
continues to decline, our farms are increasingly surviving by
incorporating direct-to-market strategies into their business plan. New
York's agriculture industry is evolving from being simply commodity and
production driven to being increasingly market driven. Selling directly
to consumers via a retail farm operation allows farmers to take
advantage of current market demand for fresh, local farm products and
gives consumers access to quality, nutritious foods. This type of
"interactive retail" caters to increasing public interest in the
farm-to-food relationship and attracts new, potential consumers that
would not otherwise visit a farm. This bill seeks to ensure that farmers
who operate roadside stands and farm markets will have protection for
their retail farm operations under the state's right-to-farm laws.

LEGISLATIVE HISTORY:
2009-2010:  S.2435  Referred to Agriculture
2007-2008:  S.4743  Referred to Agriculture
2005-2006:  S.6605  Passed Senate
2003-2004:  S.5297-B/A.8546-B  Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Effective immediately.

S793-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          793
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sens. YOUNG, RANZENHOFER -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law, in relation  to  retail
 farm operations
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 11  of  section  301  of  the  agriculture  and
 markets  law,  as amended by chapter 120 of the laws of 2010, is amended
 and a new subdivision 17 is added to read as follows:

 11. "Farm operation" means the land and on-farm buildings,  equipment,
 manure  processing and handling facilities, and practices which contrib
 ute to the production, preparation and marketing of crops, livestock and
 livestock products as a commercial enterprise, including  a  "commercial
 horse  boarding  operation"  as  defined in subdivision thirteen of this
 section, a "timber operation" as defined in subdivision fourteen of this
 section [and], "compost,  mulch  or  other  ORGANIC  biomass  crops"  as
 defined in subdivision sixteen of this section AND A "RETAIL FARM OPERA
 TION"  AS  DEFINED  IN SUBDIVISION SEVENTEEN OF THIS SECTION.  Such farm
 operation may consist of one or more parcels of owned  or  rented  land,
 which parcels may be contiguous or noncontiguous to each other.
 17. "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH
 EITHER  PERMANENT  OR  NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE
 PURPOSES OF SELLING PREDOMINANTLY FARM AND FOOD PRODUCTS IN  CONJUNCTION
 WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN
 SUBDIVISION  FOUR  OF  THIS  SECTION.  SUCH PORTION OF THE FARM AND FOOD
 PRODUCTS SHALL EXCEED FIFTY PERCENT OF THE GROSS ANNUAL INCOME  OF  SUCH
 RETAIL  FARM OPERATION.  FOR PURPOSES OF THIS SUBDIVISION, FARM AND FOOD
 PRODUCTS SHALL MEAN ANY AGRICULTURAL,  HORTICULTURAL,  FOREST  OR  OTHER
 PRODUCT  OF  THE  SOIL  OR  WATER, INCLUDING BUT NOT LIMITED TO FRESH OR
 PROCESSED FRUITS,  VEGETABLES,  EGGS,  DAIRY  PRODUCTS,  MEAT  AND  MEAT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03427-01-1
 
       S. 793                              2
 PRODUCTS,  POULTRY  AND  POULTRY PRODUCTS, FISH AND FISH PRODUCTS, APPLE
 CIDER, FRUIT JUICE, WINE, ORNAMENTAL PLANTS, NURSERY  PRODUCTS,  FLOWERS
 AND CHRISTMAS TREES.
 

S  2.  Paragraph  b of subdivision 1 of section 308 of the agriculture
 and markets law, as amended by chapter 120  of  the  laws  of  2010,  is
 amended to read as follows:

 b. Sound agricultural practices refer to those practices necessary for
 the  on-farm  production,  preparation  and  marketing  of  agricultural
 commodities. Examples of activities which entail practices  the  commis
 sioner  may  consider include, but are not limited to, operation of farm
 equipment;  proper  use  of  agricultural  chemicals  and   other   crop
 protection  methods;  [direct  sale to consumers of agricultural commod-
 ities or foods containing  agricultural  commodities  produced  on-farm]
 OPERATION  AND  MAINTENANCE  OF  A  RETAIL  FARM OPERATION AS DEFINED IN
 SUBDIVISION SEVENTEEN OF SECTION THREE  HUNDRED  ONE  OF  THIS  ARTICLE;
 agricultural  tourism;  "timber  operation,"  as  defined in subdivision
 fourteen of section three hundred one of this article  and  construction
 and  use  of farm structures. The commissioner shall consult appropriate
 state agencies and any guidelines recommended by the advisory council on
 agriculture. The commissioner may consult as appropriate, the  New  York
 state  college of agriculture and life sciences and the U.S.D.A. natural
 resources conservation service. The  commissioner  shall  also  consider
 whether  the  agricultural  practices  are  conducted by a farm owner or
 operator as part of his or her participation in the AEM program  as  set
 forth in article eleven-A of this chapter. Such practices shall be eval
 uated on a case-by-case basis.
 

S 3. This act shall take effect immediately.

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